Key Points:

When restaurant staff and management do not react quickly enough to clean up spills, mop water, or other dangerous obstacles, slip and fall accidents can and will happen.
Proper investigation and the quality of your evidence will determine whether you can recover for your injuries.
A personal injury attorney can help you determine the best course of action for pursuing a claim and the length of time your case may take.

Restaurants are often busy places where spills and hazards from dropped food or drinks are common, occurring at tables, along walkways, near bathrooms, and in the kitchen. When the staff and management don’t quickly check and clean up these dangerous spots, slip and fall accidents are likely to happen. Luckily, most restaurants have insurance to handle such incidents. In some cases, those injured in these accidents might be able to receive compensation for their injuries and losses.

Slip and Fall Accidents in Restaurant Can Come with Big Medical Bills

When a slip and fall accident occurs in a restaurant, there is a high risk of severe injury.

Restaurants often have hard floor surfaces that offer no cushioning against falls, and their layout is usually designed to maximize seating. This design typically results in narrow pathways between chairs, tables, and counters. Such cramped spaces can exacerbate the impact of a slip and fall, increasing the likelihood that a victim will collide with counters, tables, or or other obstacles.

These collisions can lead to serious injuries such as fractures, concussions, traumatic brain injuries, lacerations, sprains, or severe bruising. Injuries of this nature can result in substantial medical expenses, ranging from emergency room treatment to ongoing physical therapy and beyond.

What Actions Should a Restaurant Take Following a Slip and Fall Accident?

In the aftermath of a slip and fall accident, a restaurant’s swift and systematic response is crucial for ensuring safety, meeting legal standards, and preparing for any resulting claims. Initially, the focus must be on the injured individual; restaurant staff should immediately provide assistance and, if necessary, summon medical help, prioritizing the person’s well-being above all else. Concurrently, it’s vital to secure the accident area to prevent further incidents, marking it clearly as a hazard zone.

Once these immediate concerns are addressed, the next step involves meticulous documentation. Restaurant management should capture comprehensive details about the incident—chronicling exactly where, when, and how the mishap occurred. Taking photographs of the site and the specific hazard involved, prior to any alterations, is essential. This careful preservation of the scene not only aids in any forthcoming investigations but also fortifies the restaurant’s preparedness for potential legal scrutiny, ensuring a well-documented account of the event is ready for any inquiries or proceedings.

If Restaurant Staff Fail to Assist a Slip and Fall Victim, Can the Restaurant be Sued for their Lack of Action?

Yes, a restaurant can potentially be sued if their staff fail to provide assistance to a slip and fall victim. This could be considered negligence, especially if the lack of assistance exacerbates the victim’s injuries or results in further harm. Under premises liability law, restaurants have a duty to ensure the safety of their patrons. This duty includes providing reasonable assistance in the event of an accident.

If the staff’s failure to act is seen as a breach of their duty of care toward the customer, the injured party may have grounds to file a lawsuit against the restaurant for damages. The specifics of the case would determine the extent of liability and whether the restaurant’s actions (or inactions) directly contributed to the severity of the injuries sustained.

What Evidence Should be Collected from a Restaurant After a Slip and Fall Accident?

Collecting the right evidence after a slip and fall accident in a restaurant is crucial for building a strong case. While you might consider handling the claim independently, restaurant owners and their insurance companies are adept at minimizing payouts to preserve profits. They often use tactics to intimidate or discourage injured patrons from pursuing their rightful compensation.

When you engage a personal injury lawyer, the dynamics change. Experienced attorneys are familiar with the strategies insurers use to deny or devalue claims and know how to counteract them effectively. If the insurance company withholds evidence, a skilled lawyer can secure it through legal demands.

Critical evidence that your attorney will aim to collect includes:

Witness Information: Restaurants usually have multiple witnesses present during an accident, including both staff and patrons. If patrons used cards for payment, your attorney might access transaction records to identify and contact them for statements.
Video Surveillance: Security footage capturing the incident is invaluable. While restaurants might hesitate to release this footage voluntarily, your lawyer can obtain it through legal channels.
Emergency Calls: Recordings of 911 calls made at the time of the accident can be crucial. These calls can help establish the immediacy and severity of the incident, and your lawyer can track down the callers for further testimony.

Restaurant Injury Lawyers Help You Get a Full Settlement Amount

Calculating the value of your claim can be challenging. Without regular experience in injury claims, it’s hard to know what you can recover or where to find this information. Complicating matters, medical bills may arrive late and could be overlooked in your claim, leaving you to cover these costs.

Compensation for pain and suffering, which covers the discomfort caused by your fall, is also tricky to quantify, as both insurance companies and restaurants often resist acknowledging these costs.

Lost wages from missed work due to injuries should be included in your claim but are frequently underestimated or ignored without legal assistance.

Expenses like bandages, pain medication, and physical therapy are compensable and must be factored into your settlement.

An experienced injury lawyer can accurately determine what can be claimed and the amount you’re entitled to for these and other legitimate expenses.

Preventative Measures Restaurants Can Take to Prevent Slips and Falls

Slip and fall accidents are oftentimes preventable. This is a fact that restaurant owners and their insurance companies already know. Unfortunately, preventative measures require investments, like more and better employee training and fast responses to spills.

A smart restauranteur takes care of slips and falls opportunities before they happen by doing the following:

Training employees to constantly be on the look-out for spills or anything that can cause a slip and fall
Using yellow warning signs around wet areas
Quickly cleaning up tables and floor areas when customers leave

If you were injured from a slip and fall in a restaurant, it might very well be because of neglect.

Questions About Restaurant Injury Claims

If you’ve been injured in a slip and fall accident, we understand that you may have numerous questions. Here are some popular questions we have received about restaurant slip and fall accidents:

Could filing an injury claim potentially lead to the closure of the restaurant?

No. While an injury claim against a business may be costly, usually businesses have liability insurance to protect them against having to pay any such claims out of its reserve.

If a customer is responsible for the spill that leads to a slip and fall, can a claim still be filed against the restaurant?

If a customer causes the spill which results in the slip and fall there may be a viable claim against the restaurant if the injured party can prove that the restaurant was aware of the spill and that the spill remained on the floor for enough time for the restaurant’s employees to have discovered the spill and rectified it. Also, the injured party must be able to prove that they had no knowledge of the spill before the slip and fall.

If a customer caused the spill immediately before the accident, is the restaurant off the hook?

If a customer caused the spill immediately before the slip and fall it is likely that a claim against the restaurant will not be successful.

Who pays for the slip and fall accident if it happened at a restaurant?

If the slip and fall happened at a restaurant and the required elements to prevail on such a claim under Georgia law are met, usually the restaurant’s liability insurance carrier will pay for the claim.

Is it possible to have a trip and fall accident claim from a restaurant?

It is possible to have a trip and fall accident for a fall at a restaurant if the elements for establishing liability against the restaurant are present.

If there are no medical bills, do I have a slip and fall case?

No. Incurring medical bills for the care and treatment of injuries from a slip and fall is necessary to support such a claim. These expenses demonstrate the seriousness of the injuries and directly link them to the accident, which is crucial for validating the claim. Additionally, documenting these costs provides concrete evidence to negotiate fair compensation. It is essential to keep detailed records of all medical treatments related to the fall to ensure all costs are accounted for in the claim.